Case law
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Division and case type: CivilCivil Appeal
…Gideon Gitau Ndatha (the appellant) filed proceedings against Rosaline Mary Osborn (the respondent) to recover damages for personal injuries alleged to have been sustained in a collision involving the appellant and a vehicle…
…He then sets out particulars of negligence, injuries and of special damages.…
Division and case type: CivilCivil Appeal
…(2) If so, what damages?…
…He then held M'Mukanya and Nyamu were liable in damages for what they did on M'Mbijiwe's plot. He then made these orders - 1. M'Mukanya and Nyamu to be evicted from plot 58 2. Kshs 2,000 general damages 3.…
Division and case type: CivilCivil Appeal
…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…
Division and case type: CivilMiscellaneous Application
…this court has said that issues not before the High Court on an Originating Summons should not be decided n proceedings before it, namely Kenya Commercial Bank v James Osebe, Civil Appeal 60 of 1982, where the issue of damages…
Division and case type: CivilCivil Appeal
…The plaintiff also claimed general damages suffered by it in its standing as a Road Contractor of repute with the Insurance Company which issued the Performance Bond, and other Insurance Companies, which had been adversely…
…The disputes between the parties were about the expenses incurred and damages suffered as a result, and work done as per certificate number 3 which had not been paid for (paragraphs 7, 8 and 12 of plaint).…
Division and case type: CivilCivil Appeal
…The appellant deponed that on 14th April 1988, his son drowned in a pit dug by the second respondent at a school owned by the first respondent His intention right from the beginning was to sue both respondents to recover damages…
…In that case, the appellant had applied to a judge ex parte under section 28 of the Limitation of Actions Act (cap 22) to be granted leave to file a suit for damages against the respondents.…
Division and case type: CivilCivil Appeal
…He has also sought special and general damages and an order for specific performance of the agreement of sale.…
Division and case type: CivilCivil Appeal
…He has also sought special and general damages and an order for specific performance of the agreement of sale.…
Division and case type: Anti-CorruptionCivil Appeal
…For the above reasons, I would allow the appeal, set aside the High Court judgment and give judgment for the appellant/plaintiff for agreed damages and interest thereon as claimed in the plaint.…
…The negligence of the second defendant was admitted, subject to the liability of the first defendant and damages were conceded.…
Division and case type: CivilCivil Appeal
…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…
Division and case type: CivilMiscellaneous Civil Application
…The background of this matter is that the applicant acted for the respondent in an accident claim that occurred in 1979 in which the applicant received Shs. 800,000/- as damages.…
Division and case type: CivilCivil Appeal
…100,000 be paid over within14 days of today’s date; 2) The sum of Kshs 120,000 be secured by banker’s guarantee within the same period; 3) The respondent shall give a written undertaking to reimburse the applicant if the damages…
Division and case type: CivilCivil Appeal
…He further submitted that although the suit property may have been lost, the appellant needs an opportunity of being heard on a possible alternative claim of damages and, also, on the counterclaim.…
…We note that no damages are claimed in the plaint.…
Division and case type: CivilCivil Appeal
…The reliefs sought were for an injunction to restrain the appellants and the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her land.…
…The reliefs were for an injunction to restrain the appellants and curiously, also the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her…
Division and case type: CivilCivil Appeal
…the High Court of Kenya at Nairobi (Mr Justice William Mbaya) dated 17th October, 1985 in HCC No 2153 of 1979) ***************************** JUDGMENT This appeal arises from the dismissal of a claim for inter alia general damages…
Division and case type: CivilCivil Appeal
…He sought the orders which he had asked for on first appeal; namely, a declaration that the defendant is a trespasser and secondly damages for such trespass.…
Division and case type: CivilCivil Appeal
…Corporation is the only begetter of this result because had it dismissed Oloo for refusing a transfer in 1977 to Kakamega, at the same rank and salary, and so forth, and he was aggrieved, then he would have had to litigate for damages…
Division and case type: CivilCivil Appeal
…This appeal arises from a suit Kabugu Mutua instituted in the superior court for damages for the injuries he sustained in that accident.…
…He then proceeded to assess damages which he would have awarded had the action succeeded. The figure he assessed is not material considering what I propose to say hereafter.…
Division and case type: CivilCivil Appeal
…On the 29th day of December, 1995 the plaintiff filed a 15 page plaint against the defendant claiming the following reliefs: "(a) Declarations in terms of paragraph 13 `above' and directions and judgment for loss and for damages…
Division and case type: CivilCivil Appeal
…The alternative remedies available to the petitioner which Sachdeva J canvassed, were a common law action for damages, rectification of the register, an action for appropriate declarations, and finally, a petition under section…
…It is true that passage was referring to the question of whether the party concerned could be compensated in damages on an interlocutory injunction, but it is in my view an admirable statement of the correct approach to an…